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JORDAN v. BENEFITS REVIEW BD. OF U.S. DEPT. OF LABOR

No. 88-7321.

876 F.2d 1455 (1989)

Winzer JORDAN, Petitioner, v. BENEFITS REVIEW BOARD OF the UNITED STATES DEPARTMENT OF LABOR and Director, Office of Workers' Compensation Programs of the United States Department of Labor, Respondents.

United States Court of Appeals, Eleventh Circuit.

May 26, 1989.

Attorney(s) appearing for the Case

Thomas E. Johnson, Leslie Ann Jones, Chicago, Ill., for petitioner.

Linda M. Meekins, Clerk, Benefits Review Bd., U.S. Dept. of Labor, Washington, D.C., Donald S. Shire, Mary Heln Mautner, John Jeffrey Ross, Barbara Johnson, U.S. Dept. of Labor, Washington, D.C., Lawrence W. Rogers, Director, Bette J. Briggs, Mark S. Flynn, Office of Workers' Compensation Programs, Washington, D.C., for respondents.

Before TJOFLAT and EDMONDSON, Circuit Judges, and ATKINS, Senior District Judge.

ATKINS, Senior District Judge:

Winzer Jordan petitions for a review of a decision of the Benefits Review Board ("Board") which affirmed a decision of an administrative law judge ("ALJ") denying benefits under the Black Lung Benefits Act, 30 U.S.C. § 901 et seq. The decision appealed from is affirmed in part and reversed and remanded in part.

FACTS

Winzer Jordan worked as a coal miner between 1931 and 1950; he shoveled coal or coal dust...

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